![]() Federal Rule of Civil Procedure 56(c) provides that summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.We conclude, as did the district court and the court in Wyatt, that the earth movement exclusion in the policy was meant to deny coverage for spontaneous, natural, catastrophic earth movement, and not movements brought about by other causes.On cross-motions for summary judgment the same burdens would apply. The burden on the moving party is to show that there is an absence of evidence to support the nonmoving party's case. 2548, 2552-2553, 91 L.Ed.2d 265 (1986), the Court established that Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Moreover, there is no requirement that the moving party support its motion with affidavits negating the opponent's claim. The United States Supreme Court has recently elucidated the varying burdens upon the parties in the context of motions for summary judgment. ![]()
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